Law:

Section:

(a) Constitution of Pakistan (1973)-----Arts. 185(3) & 199--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13(3)(a)(ii) & 15--Ejectment--Order reversed in appeal--Constitutional jurisdiction-- Scope of--Findings of fact by Appellate Court--Misreading of evidence--Law not correctly applied to facts of case--Effect of--Ejectment on ground of personal need --Order set aside in appeal--High Court noticing that evidence was misread by appellate Court and enunciation of law made by superior Courts was not correctly applied to facts of case and holding that if lower Court fails to follow enunciation of law made by superior Courts, its decision is to be rendered without lawful authority, reversed order of Appellate Court--Leave to appeal was sought on ground that findings recorded by District Judge should not have been upset in writ jurisdiction and that in doing so, High Court had travelled beyond its jurisdiction-­Supreme Court while affirming High Court's view, held, where Rent Control Authorities failed to act in accordance with enunciation of law made by superior Courts, such an error could be corrected in exercise of writ jurisdiction and this dictum was applicable to facts and circumstances of case--Leave to appeal refused. Muhammad Sharif and another v. Muhammad Afzal Sohail etc. PLD 1981 S C 246 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ---S. 13(3)(a)--Constitution of Pakistan (1973), Art. 185(3)-­Ejectment--Scarcity and lack of commercial accommodation--Allowance of time to vacate premises--Ejectment from commercial premises--High Court while restoring order of ejectment, granting four months time to tenant to vacate--Supreme Court in appeal, while affirming order of ejectment, despite lapse of six months since order of ejectment were revised by High Court, allowed four months more for this purpose because of difficulty in arranging suitable alternate accommodation, subject to condition that tenant surrenders possession of premises voluntarily on expiry of said period and would continue to pay rent. ORDER NASIM HASAN SHAH, J.-- The facts, which form the background of this case, are that Muhammad Shafi…

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